Item Q6�.t
County of Monroe = _ BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Fl Keys Mayor Pro Tem David Rice, District 4
Danny L. Kolhage, District i
Heather Carruthers, District 3
J � Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Summary #3003
ADD ON DAY OF MEETING: WILL BE ITEM Q -6
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: David TeGreene (305) 295 -4339
NA
AGENDA ITEM WORDING: Approval of a contract with Pedro Falcon Electrical Contractors,
Inc. (low bid) for the demolition of old and installation of new transfer station offices in the amount
of $1,105,410.00. The remaining two bids were $1,152,057.00 (Sea Tech) and $1,406,157.00 (D.L.
Porter). Project is paid for out of Solid Waste Fund.
ITEM BACKGROUND: A Task Order with Pike Architects Inc. under their continuing
agreement, was engaged for the design and permitting of new Transfer Station Offices. Prior to the
completion of the design, the condition of the offices decayed to a state that they no longer could
provide a suitable environment for employees. Temporary office facilities were installed and
operations were relocated to the portable offices. The design package was completed, permits
obtained and through the proposal process three qualifying bids were obtained with three alternates
for each station. After review of the alternates and their quoted prices, the option of underground
electric service at each station is included in the total for this request. The option of underground
electric will greatly increase the reliability of the electric service during and after a storm and the
additional cost is only $1,913.00 per station.
The proposed contract is with the lowest bidder.
PREVIOUS RELEVANT BOCC ACTION: Approval of the Pike Architects, Inc. Continuing
Contract for Professional Services on 21" January 2015.
CONTRACT /AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATION: Approval to accept the lowest bid and enter into a construction
contract with Pedro Falcon Electrical Contractors, Inc.
DOCUMENTATION:
Transfer Station Tabulation Sheet from OMB 050317
Transfer Station Office Replacement Proposal Evaluation 050317
Stamped and Signed Transfer Station Demo and Replacement Contract with PFC 051017
FINANCIAL IMPACT:
Effective Date: May 17, 2017
Expiration Date:
Total Dollar Value of Contract: $1,105,410.00
Total Cost to County: $1,105,410.00
Current Year Portion: $950,000.00
Budgeted: Yes
Source of Funds: Solids Waste Management Funds — Fund 414
CPI: NA
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: NA
Grant: NA
County Match: NA
Insurance Required: Yes
Additional Details:
If yes, amount:
Yes paid for by 414 -40000 Solid Waste Managemnet.
06/21/17 414 -40000 • SOLID WASTE ADMIN
$1,105,410.00
REVIEWED BY:
Will Thompson
Completed
05/12/2017 12:17 PM
Kevin Wilson
Completed
05/12/2017 1:10 PM
Patricia Eables
Completed
05/12/2017 4:07 PM
Budget and Finance
Completed
05/15/2017 9:49 AM
Maria Slavik
Completed
05/15/2017 10:06 AM
Kathy Peters
Completed
05/15/2017 10:19 AM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
BUDGET AND FINANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: MAY 3, 2017 AT 3:00 PM
TITLE: DEMOLITION OF OLD & INSTALL OF NEW TRANSFER STATION OFFICES
MONROE COUNTY, FLORIDA
Bid Committee Present Dave Tegreene
Members of the Public Present Kathy Smith (Pedro Falcon), Ryon LaCha elle (Sea Tech, Inc), Robert Blanchard (D.L. Porter)
RESPONDENT
BID BOND
BID AMOUNT
Pedro Falcon
5%
Base: $1,099,671.00 Cudjoe #1:
$58,973.00 Cudjoe #2: $11,263.00
Cudjoe #3: $1,913.00 Long Key #1:
$44,662.00 Long Key #2: $10,589.00 Long
Key #3: $1,913.00 Card Sound #1:
$59,575.00 Card Sound #2: $10,820.00
Card Sound #3: $1
Sea Tech, Inc.
5%
Base: $1,114,643.00 Cudjoe #1:
$107,064.00 Cudjoe #2: $13,718.00
Cudjoe #3: $7,197.00 Long Key #1:
$80,515.00 Long Key #2: $13,718.00 Long
Key #3: $14,335.00 Card Sound #1:
$109,304.00 Card Sound #2: $13,718.00
Card Sound #3: $15,882.00
D.L. Porter Constructors, Inc.
5%
Base: $1,397,007.00 Cudjoe #1:
$69,019.00 Cudjoe #2: $12,468.00
Cudjoe #3: $3,200.00 Long Key #1:
$45,445.00 Long Key #2: $12,468.00 Long
Key #3: $3,100.00 Card Sound #1:
$45,445.00 Card Sound #2: $12,468.00
Card Sound #3: $2,85 0.00
I hereby certify that
this is a true and
correct copy of said
bid opening and that all
bidders listed above
have been checked
against the State of
Florida Convicted &
Suspended Vendor
listings. All bids listed
above were received by
the date and time
specified.
Bid Opened By: Lisa
Abreu, OMB
DemoBtlon of Old and Installation of New Transfer Station Offices 5/8/2017
Contractors D.L. Porter Pedro Falcon Seatech
Base Bid
$ 1,397,007.00
$ 1,099,671.00
$ 1,114,643.00
Add Alternate Cudjoe #1 Generator, Fuel Tank, Transfer Switch
$ 69,019.00
$ 58,973.00
$ 107,064.00
Add Alternate Cudjoe #2 Aluminum Canopy
$ 12,468.00
$ 11,263.00
$ 13,718.00
Add Alternate Cudjoe #3 underground power
$ 3,200.00
$ 1,913.00
5 7,197.00
Add Alternate Long Key #1 Generator, Fuel Tank, Transfer Switch
$ 45,445.00
$ 44,662.00
$ 80,515.00
Add Alternate Long Key #2 Aluminum Canopy
$ 12,468.00
$ 10,589.00
$ 13,718.00
Add Alternate Long Key #3 underground power
$ 3,100.00
$ 1,913.00
$ 14,335.00
Add Alternate Card Sound #1 Generator, Fuel Tank, Transfer Switch
$ 45,445.00
$ 59,575.00
$ 109,304.00
Add Alternate Card Sound #2 Aluminum Canopy
$ 12,468.00
$ 10,820.00
$ 13,718.00
Add Alternate Card Sound #3 underground power
$ 2,850.00
$ 1,913.00
$ 15,882.00
Deduct Alternates
$ _
$ _
$ _
Total Bid
$ 1,603,470.00
$ 1,301,292.00
$ 1,490,094.00
Net Sub
$ 1,603,470.00
$ 1,301,292.00
5 1,490,094.00
Net Contractor
$ 1,523,296.50
$ 1,236,227.40
$ 1,415,589.30
Proposal Security
Yes
yes
Yes
Non Collusion form
Yes
Yes
Yes
Lobby Form
yes
Yes
yes
Drug Free Form
Yes
Yes
Yes
Public Crime Form
Yes
yes
Yes
sub list
Yes
Yes
yes
Proposer's Insurance and Indemnification statement
Yes
Yes
Yes
Insurance Agents Statement
Yes
yes
Yes
Local Preference
Yes /5%
Yes /5%
yes /5%
Licenses
Yes
Yes
Yes
Answered Questions
Yes
Yes
Yes
Financial Statements
Yes
Yes
Yes
Comments General
Note 1
CD
Yes
Yes
Yes
$ 1,105,410.00
Note 1 No copies of proposal provided only original
Demolition of Old and Installation of New
Transfer Station Offices
SECTION 00500
AGREEMENT
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the day of 1 2017
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: PEDRO FALCON ELECTRICAL CONTRACTORS, INC.
d /b /a PEDRO FALCON CONTRACTORS, INC.
31160 Avenue C
BIG PINE KEY, FL 33043 -4516
For the following Project: Demolition of Old and Installation of New Transfer
Station Offices
Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Drawings and Specifications. The Contractor is required to provide a complete job as
contemplated by the drawings and specifications, which are a part of this bid package. The
Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies,
permits and any other means of construction necessary or proper for performing and completing
the Scope of Work, unless otherwise specifically stated.
1.1 SCOPE OF WORK
1) Demolish and remove the existing Scale Offices and Old Scales and Scale Pits. Replace the
existing offices with new modular office units as required in the project documents at the three
(3) Transfer stations on Card Sound Road (MM 110 Card Sound Road) in Key Largo, on
Overseas Highway in Long Key (MM67 Overseas Hwy.), and on Blimp Road in Cudjoe Key
(MM 21 Overseas Hwy.).
AGREEMENT 00500- Page 1 of 16
Demolition of Old and Installation of New
Transfer Station Offices
II) In addition, after the offices are completed and operations of the scale activities has been
transferred to the new office, complete the removal and return of the Temporary Office Trailers
to the supplier, and restore the temporary office sites as stated in the specifications and
drawings. The removal includes removal of the temporary electrical service and the associated
poles, wiring and equipment, Sanitary Sewer lines and water service lines servicing the
temporary Trailers, removal of communication cabling and services from the temporary trailers
and other site ancillaries. The work is required to be completed without limiting or interrupting
the operations at the sites. Contractor shall protect all adjacent surfaces during demolition and
construction including trenching. Damage caused to adjacent surfaces by the work will be the
responsibility of the Contractor to repair or replace to existing conditions. Utility locates will be
the responsibility of the Contractor. See additional notes on Demolition attached with the
Asbestos Test results for all three (3) locations.
The scope of work shall include all work shown and listed in the project drawings. The
Contractor is required to provide a complete job as contemplated by the drawings and
specifications, which are a part of this bid package.
The Contractor shall furnish all permits (Permit numbers 16306141,16308616,
16206140,16208620, 16306139, 16108617), labor, supervision, materials, power, tools,
equipment, supplies, and any other means of construction necessary or proper for performing
and completing all work in accordance with the Contract Documents.
1. Establish and install the new electrical service and structure.
2. Migrate all remaining utilities from the existing building to be demolished to the
temporary structures.
3. Demolition and replacement of existing transfer buildings and utilities.
4. Demolition of retired scale metal and concrete lid.
5. Build foundations for new structures.
6. Install modular pre- manufactured buildings to serve as new offices and scale house.
7. Build ADA building access ramps and parking.
8. Migrate all facilities and connect new structures to existing sewer systems,
communication systems, camera systems, and scale systems.
9. Contractor to schedule, coordinate, and implement a transfer of the scale operations
without interruption or limiting of service operations of the scale or ancillary operations.
10. Contractor to provide written schedule for all phases of the work.
11. Provide proper work site conditions including access control to maintain a safe
environment for Contractor employees, site customers, and site employees.
12. The Contractor shall post one (1) weather resistant job site sign a minimum of 24 inches
by 36 inches with two (2) inch high black block lettering on white background, clearly stating the
name of the project, start and finish dates, a minimum of thirty (30) calendar days before
commencement of work and list the County Commissioners.
The Contractor shall be responsible for complying with regulations, approvals, and permitting by
the: Florida Department of Transportation, Monroe County Growth Management, Monroe
County Building Dept., Fire Marshall, and any other permitting or regulatory agencies as
applicable.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
AGREEMENT 00500- Page 2 of 16
Demolition of Old and Installation of New
Transfer Station Offices
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than
One Hundred and Twenty (120) calendar days after the date of commencement or
issuance of a Notice to Proceed. The time or times stipulated in the contract for
completion of the work of the contract or of specified phases of the contract shall be the
calendar date or dates listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
SECOND
15 DAYS
$100.00 /Day
200.00 /Day
500.00 /Day
1,000.00 /Day
31 ST DAY &
THEREAFTER
$250.00 /Day
750.00 /Day
2,000.00 /Day
3,500.00 /Day
The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of One Million One Hundred and Five Thousand Four
Hundred Ten and no /100 Dollars ($ 1,105,410.00), subject to additions and
deductions as provided in the Contract Documents.
AGREEMENT 00500- Page 3 of 16
FIRST
CONTRACT AMOUNT
15 DAYS
Under $50,000.00
$50.00 /Day
$50,000.00-99,999.00
100.00 /Day
$100,000.00 - 499,999.00
200.00 /Day
$500,000.00 and Up
500.00 /Day
SECOND
15 DAYS
$100.00 /Day
200.00 /Day
500.00 /Day
1,000.00 /Day
31 ST DAY &
THEREAFTER
$250.00 /Day
750.00 /Day
2,000.00 /Day
3,500.00 /Day
The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of One Million One Hundred and Five Thousand Four
Hundred Ten and no /100 Dollars ($ 1,105,410.00), subject to additions and
deductions as provided in the Contract Documents.
AGREEMENT 00500- Page 3 of 16
Demolition of Old and Installation of New
Transfer Station Offices
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
Alternate No. Cudjoe # 3: Add underground power instead of overhead
One Thousand Nine Hundred and Thirteen and 00/100 Dollars ($1913.001
Alternate No. Long Key # 3:: Add underground power instead of overhead
One Thousand Nine Hundred and Thirteen and 00/100 Dollars ($1913.00)
Alternate No. Card Sound # 3: Add underground power instead of overhead
One Thousand Nine Hundred and Thirteen and 00/100 Dollars ($1913.00)
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values
shall allocate the entire Contract Sum among the various portions of the Work and be
prepared in such form and supported by such data to substantiate its accuracy as the
Director of Project Management may require. This schedule, unless objected to by the
Director of Project Management, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the
share of the total Contract Sum allocated to that portion of the Work in the Schedule of
Values, less retainage of ten percent 10 %. Pending final determi of cost to the
AGREEMENT 00500- Page 4 of 16
Demolition of Old and Installation of New
Transfer Station Offices
Owner of changes in the Work, amounts not in dispute may be included in Applications
for Payment. The amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be the net
cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the
change Request, as indicated in the corresponding line item in the Approved Schedule
of Values for that line item as confirmed by the Director of Project Management. When
both additions and credits covering related Work or substitutions are involved in a
change, the allowance for overhead and profit shall be figured on the basis of net
increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General
Conditions.
5.7 Retainage of ten percent (10 %) will be withheld in accordance with Section 218.735 (8)
(b), Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes, Section 255.078,
"Public Construction Retainage". Reduction or limitation of retainage, if any, shall be
reduced incrementally at the discretion of and upon the approval of the Director of
Project Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management. Such final payment shall be made by the Owner not more
than twenty (20) days after the issuance of the final approval for payment. The following
documents (samples in section 01027, Application for Payment) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
AGREEMENT 00500- Page 5 of 16
Demolition of Old and Installation of New
Transfer Station Offices
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a downloadable CD /DVD of all the following, but not
limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Govemment Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities,
of the General Conditions.
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit proposals on leases of real property to public entity, may not be awarded or
perform work as contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
thirty-six (36) months from the date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
AGREEMENT 00500- Page 6 of 16
Demolition of Old and Installation of New
Transfer Station Offices
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term of
the Agreement and for four years following the termination of this Agreement. If an
auditor employed by the County or Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid
to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent
of this Agreement. The County and Contractor agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible
to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against
the non - prevailing party, and shall include attorney's fees and courts costs in
appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
AGREEMENT 00500- Page 7 of 16
Demolition of Old and Installation of New
Transfer Station Offices
necessary County and corporate action, as required by law. Each party agrees that it
has had ample opportunity to submit this Contract to legal counsel of its choice and
enters into this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida
law. This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
j) Nondiscrimination. The parties agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. The parties agree to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit
discrimination in employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
§§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex;
3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC §§ 6101 - 6107), which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
§§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to
AGREEMENT 00500- Page 8 of 16
Demolition of Old and Installation of New
Transfer Station Offices
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) any other nondiscrimination provisions in any federal
or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is
to perform and receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation /Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers,
letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
AGREEMENT 00500- Page 9 of 16
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Pursuant to F.S. Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(2) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess
the requested records, the County shall immediately notify the Contractor of
the request, and the Contractor must provide the records to the County or
allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
AGREEMENT 00500- Page 10 of 16
Demolition of Old and Installation of New
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY -
BRIAN @MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
o) Non Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self- insurance
coverage, or local government liability insurance pool coverage shall not be deemed
a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Agreement is not intended to, nor shall it
be construed as, authorizing the delegation of the constitutional or statutory duties of
the County, except to the extent permitted by the Florida constitution, state statute,
and case law.
r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug -Free Workplace Statement.
AGREEMENT 00500- Page 11 of 16
Demolition of Old and Installation of New
Transfer Station Offices
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers
and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and (iii) any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub - contractors or other
invitees, or (C) Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its
employees, agents, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement, this section will survive the expiration of the
term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is
delayed or suspended as a result of the Contractor s failure to purchase or maintain
the required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted
against the County by virtue of any deficiency or ambiguity in the plans and
specifications provided by the Contractor, the Contractor agrees and warrants that
the Contractor shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
w) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings
AGREEMENT 00500- Page 12 of 16
Demolition of Old and Installation of New
Transfer Station Offices
are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its
Contractor agree to ensure that DBE's have the opportunity to participate in the
performance of the Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with applicable federal and
state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not
discriminate on the basis of race, color, national origin or sex in award and
performance of contracts, entered pursuant to this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any
or all of the work in this project to any third party, the Contractor specifically agrees
to identify the COUNTY as an additional insured on all insurance policies required by
the County. In addition, the Contractor specifically agrees that all agreements or
contracts of any nature with his subcontractors shall include the COUNTY as
additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be sent to the following persons:
For Contractor:
For Owner: Director of Project Management
1100 Simonton St., Room 2 -216
Key West, Florida 33040
Assistant County Administrator, PW & E
1100 Simonton St
Key West, Florida 33040
AGREEMENT 00500- Page 13 of 16
Demolition of Old and Installation of New
Transfer Station Offices
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings:
Cudjoe Key — A-11, Reece Survey CK -C1, CK -A1 to CK -A5, CK -S1 to CK -S2, C -1 to
C-4, E -1 to E -3, and M -1 to M -7.
Long Key- A -1, Reece Survey LK -C1, LK -A1 to LK -A6, LK- S1,C -1 to C-4, E -1 to E -3,
and M -1 to M -7.
Card Sound Road- A -1, Reece Survey CS -C1, CS -A1 to CS -A6, CS -S1, C -1 to C-4,
E -1 to E -3, and M -1 to M -7.
Addenda No. 3 Drawings: DET1 Long Key, DET1 Card Sound and DET1 Cudjoe
Key
b) Project Manual: Project Manual titled Monroe County Transfer Station Replacement by
Pike Architects dated May 3, 2016.
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner
and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for
Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in
the Project Manual dated: May 3, 2016
9.1.4 The Addenda, if any, are as follows:
Number
Addenda No. 1
Addenda No. 2
Addenda No. 3
Date
March 21, 2017
March 28, 2017
April 20, 2017
Page
This Agreement is entered into as of the day and year first written above and is executed in at
least three (3) original copies of which one (1) is to be delivered to the Contractor.
AGREEMENT 00500- Page 14 of 16
Demolition of Old and Installation of New
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Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL)
Attest: Keven Madok, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
Date
(SEAL)
CONTRACTOR'S Witnesses Attest:
Contractor must provide two witnesses
signatures
Signature:
Print Name: Patricia J Witt
Date: 0511112017
and
Signature: `�--
Print Name: Kathleen A Smith
Date: 05/1112017
STATE OF FLORIDA, COUNTY OF MONROE
MONROE COUNTY ATTORNEY'S OFFICE
ppROVF AS TO F
PATWCtA EABLES
ASSISTANT CO _ A 'O tY
DATE:
On this 11 day of May , 2017, before me, the undersigned notary public,
personalty appeared Christian B ris son known to me to be the person whose name is
subscribed above or who produced NA as identification, and acknowledged
that he/she is the person who executed the above contract with Monroe County for Demolition
of Old and Installation of New Transfer Station Offices for the purposes therein contained.
Notary Public
to
Print Name LauraA. Sturgeon ' LAURA A STURGEON
; y at Carm&lon # FF 913422
My commission expires: 10/09/2019 Seal Expire Oddm 9, 201g
r.r� two tw E+� w... masaon
End of Section 00500
By:
Mayor /Chairman
CONTRACTOR:
PEDRO FALCON ELECTRICAL
CONTRACTORS, INC., d/b /a PEDRO
FALCON CONTRACTORS, INC.
Signatu
Print Name: Christian Brisson ±
Title: as President is `
J ,
Date: 05/11/2017
t a,
AGREEMENT 00500- Page is of 16
Demolition of Old and Installation of New
Transfer Station Offices
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750
Section 00970
Section 00980
Section 01015
Section 01027
Section 01030
Section 01040
Section 01045
Section 01050
Section 01200
Section 01301
Section 01310
Section 01370
Section 01385
Section 01395
Section 01410
Section 01421
Section 01500
Section 01520
General Conditions
Project Safety and Health Plan
Contractor Quality Control Plan
Contractor's Use of the Premises
Application for Payment
Alternates
Project Coordination
Cutting and Patching
Field Engineering
Project Meetings
Submittals
Progress Schedules
Schedule of Values
Daily Construction Reports
Request for Information — (RFI)
Testing Laboratory Services
Reference Standards and Definitions
Temporary Facilities
Construction Aids
Section 01550
Access Roads and Parking Areas
Section 01560
Temporary Controls
Section 01590
Field Offices and Sheds
Section 01595
Construction Cleaning
Section 01600
Material and Equipment
Section 01630
Post - Proposal Substitutions
Section 01640
Product Handling
Section 01700
Contract Closeout
Section 01710
Final Cleaning
Section 01720
Project Record Documents
Section 01730
Operation and Maintenance Data
Section 01740
Warranties
WARRANTIES 01740 -Page 16 of 16